Please review this agreement carefully, as it governs your use of the bridalnetwork.ca website ("Our Website"), as well as the treatment of your business information on all the websites in which we participate with the Bridal Network engine ("The Network"). It exempts or limits Bridal Network Inc. and our partners from certain liabilities and contains other important provisions that you should read.
Last Update: Dec 9th, 2011
SCOPE, NOTICE AND ACCEPTANCE
By accessing or using this website, you acknowledge that you have read and understood, and agree to comply, accept and be bound by, these terms and conditions of use. If you do not agree to all of the Terms and Conditions of Use listed herein, do not use this Website.
This Website is owned and operated by Bridal Network Inc. ("BN"). We reserve the right, to modify, alter or update these Terms and Conditions of Use, at any time and in our sole discretion. You agree to be bound by such modifications, alterations or updates
BN also operates, manages, is affiliated-with, or provides advertising and other services to a number of other wedding-related websites ("The Network"), which may or not be owned by BN. These Terms and Conditions of Use also govern the manner in which we handle, present, redistribute, syndicate and promote your advertising & business information on any/all wesites on our Network.
Age: Our Website may be used only by persons who have reached the age of majority or legal age in their jurisdictions and who can form legally binding contracts under applicable law. The Website may not be used by persons in jurisdictions where access to or use of the Website or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Website is lawful, and you must comply with all applicable laws. Bridal Network Inc reserves the right to terminate your membership in the event that it becomes aware that you have not reached the age of majority or legal age in your jurisdiction.
Membership:The full functionality of our Network may only be accessed by our registered members. You can apply for membership by completing the web application at http://www.bridalnetwork.ca/join/. You may create more than one account and maintain multiple memberships, it you are the the operator or manager of multiple companies. You further agree not to re-establish an account on the Network, in the event that your account is terminated by Bridal Network. Bridal Network reserves the right to refuse any application for membership or to discontinue any membership, in our sole discretion; In the event that your account is terminated by Bridal Network, you further agree not attempt to re-establish an account on the Network. In the event that your account is terminated by Bridal Network, we will refund your outstanding pre-paid advertising balance, within 30 business days. BN is not liable for any resulting loss of income or other damages, beyond the total amount of unused advertising funds in your Bridal Network account.
Website Authentication: It is your reponsibility to keep your password confidential and you agree that you shall take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You must ensure that all uses of your login name and password comply with these Terms and Conditions of Use. You must immediately notify Bridal Network of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.
All login names and passwords remain the property of Bridal Network, and may be cancelled or suspended at any time without any notice or liability to you or any other person. Bridal Network is not under any obligation to verify the actual identity or authority of the user of any login name or password. You acknowledge that the security & privacy provided by passwords is not complete and can potentially be circumvented. Bridal Network can not be held liable for any damages whatsoever, resulting from another person or persons obtaining your password.
BY submitting a payment method (credit card, paypal, electronic debit etc.) under your Bridal Network's account information, you authorise Bridal Network to (a) charge your network membership amount at the specified regular intervals (usually monthly, occasionally annually) without further confirmation (b) charge your specified monthly advertising budget, at random intervals, without further confirmation, providing that you have not exceeded the maximum specified amount in Network advertising during the past 30-days.
COPYRIGHT / TRADEMARKS
The trade-marks, logos and service marks that you see on this Website are registered and unregistered trade-marks of Bridal Network Inc, or third parties who have licensed the use of such marks to BN. Nothing on this Website or elsewhere shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade-marks displayed on this Website without the express, written permission of the owner of Bridal Network Inc.
All materials on this Website, including but not limited to images, illustrations, articles, tools, surveys, special promotions, are protected by intellectual property rights owned and controlled by BN or its affiliates and subsidiaries, or by third parties who have licensed their material to BN. Material from the Website or from any other website owned, operated, licensed or controlled by BN may not be copied, downloaded, reproduced, altered, republished, uploaded, posted, transmitted or distributed in any way without the prior written consent of BN or except as specifically permitted on this Website.
Your misuse of the marks displayed on this Website or any other content on this Website is strictly prohibited.
Unless visitors voluntarily transmit information via web forms or, we do not collect any personal information at all. We do, however, compile anonymous usage patterns reports on an ongoing basis. This information helps us to better manage our content and organize information in a more logical way for our visitors thereby improving the user experience.
Any information relating to one of our advertisers' product or service, which voluntarily transmitted via those areas of our Partner sites which we operate, may be made accessible to our advertisers; even in those cases, however, any personal information which can be used to identify you (i.e. email, name etc) is removed, unless said transmition requires that the advertiser contacts you directly.
We do not otherwise sell, rent, exchange or disclose our client lists or information about our web site users, except to the limited extent necessary to protect the rights, property and safety of our company, our clients, or others or to comply with applicable.
RIGHTS to MEMBER CONTENT
By accepting your BN membership, you automatically grant to BN and its assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, right and license to use, reproduce, publish, translate, distribute and display any of your own wedding portfolio material not exclussively licensed to a third party, published on the internet, including but limited-to images, video, text (testimonials) from your own website, facebook posts, blog posts and tweets, for the purpose of showcasing and promoting your work on any/all websites of our Network. Such material must always be marked with a clear credit to you and where technically possible connected with a visible hyperlink to your own wedding website or email.
When BN receives unsolicited materials from you, including promotional items and images, letters to the editor and press releases, BN may use, reproduce, publish, re-publish, distribute, store and archive such submissions in whole or in part in any form or medium whatsoever, without compensation of any sort. This statement does not apply to materials/pitches submitted by freelance writers, photographers or illustrators in accordance with known industry practices.
LINKS to THIRD PARTY WEBSITES
Our Website and Network websites feature a number of internet "Links" to your own website(s) ("Third Party Websites") and/or email, for the purpose of directing potential customers to your business, as wel las links to other internet content, of potential usefulness to you ("Third Party Content"). BN has not reviewed the Third Party Websites, the websites linked to from the Third Party Websites or Third Party Content, nor does BN monitor or have any control over (nor does it make any claim or representation regarding) the Third Party Websites or Third Party Content. BN merely provides these links as a convenience and a link to Third Party Websites or Third Party Content does not imply endorsement, adoption, sponsorship by or affiliation with BN of the same.
You agree that BN is not responsible for the availability of Third Party Websites or Third Party Content. You agree that BN is not responsible for third party content accessible through the Website or Network, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase, download or otherwise acquire any products or services from a third party, or if you market-to or otherwise enter into legal agreements with a Third Party, your relationship is directly with the third party. You agree that BN is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the third party seller or buyer, including delivery of products or services and warranty obligations related to purchased products or services. You agree that BN is not responsible for any claim, loss or damage of any sort you may incur from dealing with any third party.
Bridal Network, through our Website and Network, may acquire the contact information, including email address ("Customer EMails") of third parties ("Brides") and may make such Customer EMails available to you, primarily through but not limited-to, our Leads program. Should you choose to acquire such Customer EMails from BN, you agree that: You will contact such Brides only for the purpose of offering your services for the Brides' wedding-related needs; you are acquiring these Customer EMails for your own commercial use only and you will not sell, post-online, share-with-others or otherwise distribute these Customer EMails to anyone other than your own employees, associates and business agents; and that you will conduct such email correspondance in a professional manner, without use of profanity, derogatory language.
Acquisition of a Customer EMail does not constitute a marketable guarantee on behalf of BN; the Brides may choose to reply to you or not; they may choose to purchase your services or not; and you may enter into a business arrangement with them which result in loss-of-revenue or other damages. Bridal Network is in no way responsible for any outcome resulting from contacting a Bride through her Customer EMail.
EMAIL COMMUNICATIONS WITH VENDORS
From time to time, Bridal Network may communicate important "Service Anouncements" & security alerts via email. Such emails that are deemed (a) necessary for the security of the network and members or (b) communicate significant service updates that must be understood and/or confirmed by our members are not optional, nor can a member "unsubscribe" from being included in this distribution list.
From time to time, Bridal Network may communicate marketing information, such as promotions, service & quote requests by brides and other wedding events and news, presumably of interest to our members ("Marketing Communications"). Such messages are always optional and Bridal Network will provide an easily accessible option, on our Website, which enables a Members to unsubscribe from further receiving such Marketing Communications.
The Website, and all content, materials, information, software, products and services provided on the Website, are provided on an "as is" basis and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, BN disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability and fitness for a particular purpose, with respect to the Website and any website with which the Website is linked. BN does not warrant or make any representations that: (a) the functions, information or links contained on the Website or that its contents will meet your requirements; (b) the Website or its contents are fit for any particular purpose; (c) the Website (or its contents) will be available on an uninterrupted, timely, secure or error-free basis; (d) defects will be corrected, or that the Website or the service that makes it available are free of viruses, worms or other harmful components; (e) the results that may be obtained from the use of the Website or any services offered through the Website will be correct, accurate or reliable; or (f) the quality of any products, services, information or other material purchased or obtained by you through the Website will meet your expectations.
Any content, materials, information or software downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk. BN shall have no responsibility for any damage to your computer system or loss of data that results from the download of any content, materials, information or software. You, and not BN, assume the entire cost of any necessary servicing, repair or correction.
LIMITATION of LIABILITY
Neither Bridal Network Inc., nor its affiliated or related entities or its content providers are responsible or liable to any person or entity whatsoever for any direct or indirect loss, damage (whether direct, indirect, incidental, actual, consequential, punitive, special or otherwise), injury, claim, liability or other causes of any kind or character whatsoever, including for any damages for loss of profits, revenue, data or use, incurred by you or any third party, whether in an action in contract or tort or otherwise, based upon or resulting from any information or opinions provided on the Website or from the use of, or the inability to use, the BN materials. You specifically agree that BN is not liable for defamatory, offensive, or illegal conduct of any user. If you are dissatisfied with the Website or any materials on the Website, or with any of these Terms and Conditions of Use, your sole and exclusive remedy is to discontinue using the Website.
You agree to defend, indemnify and hold harmless BN, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable legal fees and costs, arising out of or in any way connected with your access to or use of the Website.
TERMINATION OF USE
These Terms and Conditions of Use constitute an agreement that is effective until terminated by BN at any time without notice. You agree that BN may, in its sole discretion, at any time terminate your access to the Website and any account(s) you may have in connection with the Website. In the event of termination, you are no longer authorized to access the interactive areas, and other benefits of this Website; and the restrictions imposed on you with respect to material copied or downloaded, the disclaimers and limitations of liabilities set forth herein, shall survive the termination of this agreement. These Terms and Conditions of Use constitute the entire agreement between you and BN related to the Website. Access to the Website may be monitored by BN.
If you choose to terminate your membership: (a) any amounts paid to BN for the purposes of online marketing, advertising & promotion are non-refundable and will be forfeited (b) BN will retain use of any materials, such as images, videos, text/articles, copywritten or otherwise, currently in use by BN or our Network affiliates, for the purposes and in the locations that they were originally used. If your membership is terminated by BN, any outstanding advertising, marketing, promotional amounts paid by your to BN shall be refunded within 30 business days.
This agreement, your use of the Website, and all related matters are governed solely by and shall be construed in accordance with the laws of the Province of British Columbia and applicable federal laws of Canada, without giving effect to any principles of conflicts of law.
Any dispute between BN and you or any other person arising from, connected with or relating to the Website, this Agreement or any related matters must be resolved before the Courts of British Columbia sitting in the City of Vancouver, British Columbia, Canada, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of any dispute or matter.
Any claim or cause of action you may have arising from, connected with, or relating to your use of the Web Site, this agreement, or any related matters must be commenced in a court of competent jurisdiction in the City of Vancouver, British Columbia, Canada within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.
You agree to bring any claims against BN exclusively in the courts of British Columbia. If any provisions of these Terms and Conditions of Use proves unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and will not affect the validity and enforceability of any remaining provisions.